(2) Landscape construction or contracting. - The act of
providing services as a landscape contractor, as defined in this section, for
compensation or other consideration.

(3) Landscape contractor. - Any person who, for
compensation or other consideration, does any of the following:

a. Engages in the business requiring the art,
experience, ability, knowledge, science, and skill to prepare contracts and bid
for the performance of landscape services, including installing, planting,
repairing, and managing gardens, lawns, shrubs, vines, trees, or other
decorative vegetation, including the finish grading and preparation of plots
and areas of land for decorative utilitarian treatment and arrangement.

b. Practices the act of horticulture consultation or
planting design for employment purposes.

c. Constructs, installs, or maintains landscape
drainage systems and cisterns; provided the landscaping contractor makes no
connection to pipes, fixtures, apparatus, or appurtenances installed upon the
premises, or in a building, to supply water thereto or convey sewage or other
waste therefrom as defined in G.S. 87-21.

d. Designs, installs, or maintains low-voltage
landscape lighting systems, provided (i) the work does not exceed the scope of
the exception set forth in G.S. 87-43.1(7) and (ii) the low-voltage lighting
systems do not exceed 50 volts and constitute a Class II or Class III cord and
plug connected power system.

(a) Except as otherwise provided in this Chapter, no
person shall engage in the practice of landscape construction or contracting,
use the designation "landscape contractor," or advertise using any
title or description that implies licensure as a landscape contractor unless
the person is licensed as a landscape contractor as provided by this Chapter.
All landscape construction or contracting performed by a partnership,
association, corporation, firm, or other group shall be performed under an
individual who is readily available to exercise supervision over the landscape
construction and contracting work and who is licensed by the Board under this
Chapter.

(b) Nothing in this Chapter shall be construed to
authorize a landscape contractor to engage in any of the following:

(1) The practice of landscape architecture, as defined
in G.S. 89A-1.

(2) The practice of engineering, as defined in G.S. 89C-3.

(3) Practice as a well contractor certified under
Article 7A of Chapter 87 of the General Statutes.

(4) The practice of irrigation contracting, as defined
in G.S. 89G-1.

(5) The practice of architecture, as defined in G.S.
83A-1.

(6) The practice of plumbing, heating group number one,
heating group number two, heating group number three, fire sprinkler, or fuel
piping contracting, as defined in G.S. 87-21, provided the landscaping
contractor may install piping, fittings, valves, and associated components for
the purpose of landscape contracting that is downstream of a potable water
source, groundwater source, or grey water source, and downstream of a backflow
prevention assembly.

(7) The practice of electrical contracting, as defined
in G.S. 87-43.

(c) A landscape contractor licensed under this Chapter
is not required to be licensed as a general contractor under Article 1 of
Chapter 87 of the General Statutes if the licensed landscape contractor is
performing landscape construction or contracting work valued at an amount
greater than thirty thousand dollars ($30,000).

(d) Upon licensure by the Board, each landscape contractor
shall obtain a seal of the design authorized by the Board and bearing the name
of the licensee, the number of the license, and the legend "N.C. Licensed
Landscape Contractor." A landscape contractor may use the seal only while
the license is valid.

(e) Every landscape contractor issued a license under
this Chapter shall display the license conspicuously in the landscape
contractor's place of business. Every landscape contractor shall display the
license number issued to the contractor by the Board on all business cards,
contracts, and vehicles used by the contractor in the landscape contracting
business. (2014-103, s. 3(b).)

§ 89D-13. Exemptions.

The provisions of this Chapter shall not apply to the
following:

(1) Any federal, State, or local governmental agency
performing landscaping on public property.

(2) The North Carolina Department of Transportation
(NCDOT). However, for landscape installations or establishment periods for any
project that exceeds the current contract amount requiring performance and
payment bonds according to State law, NCDOT shall require a licensed landscape
contractor to perform the work. NCDOT, at its discretion, may require a
licensed landscape contractor for landscape projects of any cost.

(3) Any property owner performing landscape work on his
or her own property.

(4) Any person or business owning or operating a golf
course.

(5) Any landscaping work where the price of all
contracts for labor, material, and other items for a given job site during any
consecutive 12-month period is less than thirty thousand dollars ($30,000). A
local governmental unit shall not enact a local ordinance or regulation
requiring licensure for landscaping work performed pursuant to this
subdivision.

(6) A general contractor licensed under Article 1 of
Chapter 87 of the General Statutes who possesses a classification under G.S. 87-10(b)
as a building contractor, a residential contractor, or a public utilities
contractor.

(7) Any person or business licensed as an electrical
contractor under Article 4 of Chapter 87 of the General Statutes who is
designing, installing, or maintaining any electric work, wiring, devices,
appliances, or equipment.

(8) Any person or business licensed as a plumbing
contractor under Article 2 of Chapter 87 of the General Statutes who is
installing pipes, fixtures, apparatus, or appurtenances to supply water thereto
or convey sewage or other waste therefrom, including the installation, repair,
or maintenance of water mains, water taps, services lines, water meters, or
backflow prevention assemblies supplying water for irrigation systems or
repairs to an irrigation system.

(9) A professional engineer licensed pursuant to
Chapter 89C of the General Statutes.

(10) A professional landscape architect licensed under
Chapter 89A of the General Statutes.

(11) An individual or a business engaged in any of the
following activities while performing that activity:

a. Clearing and grading plots and areas of land.

b. Erosion control.

c. Arboriculture, including consultations on pruning
and removal of trees.

d. The installation of sod, seed, or plugs by sod
producers certified by the Plant Industry Division of the North Carolina
Department of Agriculture and Consumer Services.

e. Landscape construction performed by utilities
contractors for the purpose of grading and erosion control.

f. Lawn mowing, turf edging, and debris removal
services.

g. Turf management or lawn care services only,
including fertilization, aeration, weed control, or other turf management or
lawn care practices other than mowing or edging.

(12) Any person performing landscaping work on a farm for
use in agriculture production, farming, or ranching. (2014-103,
s. 3(b).)

§ 89D-14. The North Carolina Landscape Contractors'
Licensing Board.

(a) There is created the North Carolina Landscape
Contractors' Licensing Board. The Board shall consist of nine members appointed
as follows:

(1) One member appointed by the Governor who is a
member of the general public.

(2) One member appointed by the Commissioner of
Agriculture pursuant to recommendations from The North Carolina Green Industry
Council.

(3) One member appointed by the Board of Directors of
the North Carolina Nursery and Landscape Association, Inc., who is a practicing
nurseryman operating a nursery certified by the North Carolina Department of
Agriculture and Consumer Services Plant Industry Division.

(4) Four members who are licensed landscape contractors
in the business of landscape construction or contracting. One of the four
members shall be appointed by the General Assembly upon the recommendation of
the Speaker of the House of Representatives pursuant to recommendations from
The North Carolina Green Industry Council; one shall be appointed by the
General Assembly upon the recommendation of the President Pro Tempore of the
Senate pursuant to recommendations from the Carolinas Irrigation Association,
who is also a licensed irrigation contractor; and two shall be appointed by the
Board of Directors of the North Carolina Nursery and Landscape Association,
Inc.

(5) One member appointed by the Board of Directors of
the North Carolina Chapter of the American Society of Landscape Architects who
is a registered landscape architect.

(6) One member appointed by the President of The
University of North Carolina from within the land grant university community
who is knowledgeable in landscaping methods and practices.

(b) All appointments shall be for three-year terms. No
member shall serve more than two complete consecutive terms.

(c) A vacancy on the Board created by death,
resignation, or otherwise shall be filled in the same manner as the original
appointment, except that all unexpired terms of Board members appointed by the
General Assembly shall be filled in accordance with G.S. 120-122. Appointees to
fill vacancies shall serve the remainder of the unexpired term and until their
successors are appointed and qualified.

(d) The Board shall elect annually a chair and other
officers as it deems necessary to carry out the purposes of this Chapter and
shall hold meetings at least twice a year. A majority of the Board shall
constitute a quorum.

(e) Each member of the Board may receive per diem and
reimbursement for travel and subsistence as set forth in G.S. 93B-5.

(f) The Board shall be entitled to the services of the
Attorney General in connection with the affairs of the Board or may, in its
discretion, employ an attorney to assist or represent it in the enforcement of
this Chapter. (2014-103, s. 3(b).)

§ 89D-15. Powers and duties.

The Board shall have the following powers and duties:

(1) Administer and enforce the provisions of this
Chapter.

(2) Adopt, amend, or repeal rules to carry out the
provisions of this Chapter.

(3) Examine and determine the qualifications and
fitness of applicants for licensure and licensure renewal.

(4) Issue, renew, deny, restrict, suspend, or revoke
licenses.

(5) Reprimand or otherwise discipline licensees under
this Chapter.

(6) Receive and investigate complaints from members of
the public.

(7) Conduct investigations to determine whether
violations of this Chapter exist or constitute grounds for disciplinary action
against licensees under this Chapter.

(8) Conduct administrative hearings in accordance with
Article 3A of Chapter 150B of the General Statutes.

(9) Seek injunctive relief through any court of
competent jurisdiction for violations of this Chapter.

(10) Collect fees required by G.S. 89D-21 and any other
moneys permitted by law to be paid to the Board.

(11) Require licensees to file and maintain an adequate
surety bond.

(12) Establish and approve continuing education
requirements for persons licensed under this Chapter.

(13) Employ a secretary-treasurer and any other clerical
personnel the Board deems necessary to carry out the provisions of this Chapter
and to fix compensation for employees.

(14) Maintain a record of all proceedings conducted by
the Board and make available to licensees and other concerned parties an annual
report of all Board action.

(15) Adopt and publish a code of professional conduct for
all persons licensed under this Chapter.

(16) Adopt and publish a code of minimum practice
standards for landscape construction and contracting.

(17) Adopt a seal containing the name of the Board for
use on licenses and official reports issued by the Board. (2014-103, s. 3(b).)

(a) Upon application to the Board and payment of the
required fees, an applicant for licensure as a landscape contractor may sit for
the examination if the applicant submits evidence demonstrating the applicant's
qualifications for licensure under this Chapter as prescribed in rules adopted
by the Board and meets all of the following qualifications:

(1) Is at least 18 years of age.

(2) Is of good moral character as determined by the
Board.

(3) Provides evidence of business identification as
required by the Board.

(4) Files with the Board and maintains a corporate
surety bond executed by a company authorized to do business in this State or an
irrevocable letter of credit issued by an insured institution. The surety bond
or the letter of credit shall be in the amount of ten thousand dollars
($10,000). The surety bond or letter of credit shall be approved by the Board
as to form and shall be conditioned upon the obligor faithfully conforming to
and abiding by the provisions of this Chapter. Any person claiming to be
injured by an act of a licensed landscape contractor that constitutes a
violation of this Chapter may institute an action to recover against the
licensee and the surety.

(b) If the applicant meets all the qualifications in
subsection (a) of this section, the applicant shall be required to pass an
examination administered by the Board before the Board may issue the license.
The Board shall establish the scope and subject matter of the examination to be
administered. The Board shall administer examinations at least twice a year at
a time and place to be determined by the Board.

(c) When the Board determines that an applicant has
met all the qualifications for licensure, submitted the required fee, and
passed the examination, the Board shall issue a license to the applicant. (2014-103, s. 3(b).)

(a) The Board may issue a license in the name of a
corporation if the corporation complies with the following:

(1) One or more officers or full-time employees, or
both, empowered to act for the corporation are individuals licensed under this
Chapter.

(2) Only the officers or employees described in
subdivision (1) of this subsection execute contracts for landscape construction
or contracting in the name of a corporation and are readily available to
exercise supervision over the work performed pursuant to the contract.

(b) The Board may issue a license in the name of a
limited liability company if the company complies with the following:

(1) One or more managers, as defined in G.S. 57D-1-03,
executives, or full-time employees, or a combination thereof, are individuals
licensed under this Chapter.

(2) Only the managers, executives, or employees
described in subdivision (1) of this subsection execute contracts for landscape
construction or contracting in the name of the limited liability company and
are readily available to exercise supervision over the work performed pursuant
to the contract.

(c) The Board may issue a license in the name of a partnership
if the partnership complies with the following:

(1) One or more general partners or full-time employees
empowered to act for the partnership are individuals licensed under this
Chapter.

(2) Only the partners or employees described in
subdivision (1) of this subsection execute contracts for landscape construction
or contracting in the name of the partnership and are readily available to
exercise supervision over the work performed pursuant to the contract.

(d) The Board may issue a license in an assumed or
designated trade name if the owner of the business complies with the following:

(1) The owner or one or more full-time employees
empowered to act for the owner is an individual licensed under this Chapter.

(2) Only the persons described in subdivision (1) of
this subsection execute contracts for landscape construction or contracting in
the assumed or designated trade name of the business and are readily available
to exercise supervision over the work performed pursuant to the contract.

(e) When the Board issues a license under this
section, the Board shall indicate on the license the name and license number of
the individual licensee connected to the corporation, partnership, or business
conducted under an assumed or designated trade name.

(f) A person licensed pursuant to this section shall
be readily available to exercise supervision over a contract for landscape
construction or contracting until the contract is completed.

(g) When a licensee executes a contract for landscape
construction or contracting in any capacity other than as a sole proprietor
contracting on the licensee's own behalf, the person on whose behalf the
licensee is executing the contract shall be licensed under this section.

(h) A corporation, partnership, or person doing
business under an assumed or designated trade name shall notify the Board in
accordance with rules adopted by the Board if an individual licensee who is
indicated in the license issued under this section ceases to be an officer,
partner, owner, or employee of the corporation, partnership, or person doing
business under the assumed or designated trade name. If the corporation,
partnership, or person no longer has an officer, general partner, owner, or
employee described in subdivision (1) of subsection (a), subdivision (1) of
subsection (b), or subdivision (1) of subsection (c) of this section, the
corporation, partnership, or person shall have 120 days from the date the
officer, general partner, owner, or employee ceases the relationship with the
corporation, partnership, or person to satisfy the requirements described in
subdivision (1) of subsection (a), subdivision (1) of subsection (b), or
subdivision (1) of subsection (c) of this section. The Board may, in its
discretion, grant the corporation, partnership, or person a period greater than
120 days to satisfy the requirements described in subdivision (1) of subsection
(a), subdivision (1) of subsection (b), or subdivision (1) of subsection (c) of
this section as it deems appropriate. After 120 days, or a time period greater
than 120 days as approved by the Board, if the corporation, partnership, or
person does not have an officer, general partner, owner, or employee as
described in subdivision (1) of subsection (a), subdivision (1) of subsection
(b), or subdivision (1) of subsection (c) of this section, the license issued
under this section is automatically suspended and the corporation, partnership,
or person shall cease practicing landscape construction or contracting. (2014-103, s. 3(b).)

§ 89D-18. Licensing of nonresidents.

(a) Definitions. - The following definitions apply in
this section:

(1) Delinquent income tax debt. - The amount of income
tax due as stated in a final notice of assessment issued to a taxpayer by the
Secretary of Revenue when the taxpayer no longer has the right to contest the
amount.

(4) Foreign limited liability company. - A company as
defined in G.S. 57D-1-03.

(5) Foreign partnership. - One of the following that
does not have a permanent place of business in this State:

a. A foreign limited partnership as defined in G.S. 59-102.

b. A general partnership formed under the laws of a
jurisdiction other than this State.

(b) Licensing. - Except as provided in this section,
the Board may issue a license to a nonresident individual or a foreign entity that
meets the requirements for licensure under this Chapter.

(c) Certificate of Authority Required. - The Board
shall not issue a license for a foreign corporation unless the corporation has
obtained a certificate of authority from the Secretary of State pursuant to
Article 15 of Chapter 55 of the General Statutes. The Board shall not issue a
license for a foreign limited liability company unless the company has obtained
a certificate of authority from the Secretary of State pursuant to Article 7 of
Chapter 57D of the General Statutes.

(d) Information. - The Board, upon request, shall
provide the Secretary of Revenue the name, address, and tax identification
number of every nonresident individual and foreign entity licensed by the
Board. The information to be provided under this section shall be in a form
required by the Secretary of Revenue.

(e) Delinquents. - If the Secretary of Revenue
determines that any nonresident individual or foreign entity licensed by the
Board owes a delinquent income tax debt, the Secretary of Revenue may notify
the Board of the nonresident individual or foreign entity and instruct the
Board not to renew the nonresident individual or foreign entity's license. The
Board shall not renew the license of a nonresident individual or foreign entity
identified by the Secretary of Revenue unless the Board receives a written
statement from the Secretary that (i) the debt has been paid or (ii) the debt
is being paid pursuant to an installment agreement. (2014-103,
s. 3(b).)

§ 89D-19. Reciprocity.

The Board may issue a license, without examination, to any
person who is a landscape contractor licensed, certified, or registered in
another state or country if the requirements for licensure, certification, or
registration in the other state or country are substantially equivalent to the
requirements for licensure in this State. (2014-103,
s. 3(b).)

§ 89D-20. License renewal and continuing education.

(a) Every license issued under this Chapter shall be
renewed on or before the first day of August of each year. Any person who
desires to continue to practice shall apply for a license renewal and shall
submit the required fee. Licenses that are not renewed shall be automatically
revoked. A license may be renewed at any time within one year after its expiration
if (i) the applicant pays the required renewal fee and late renewal fee, (ii)
the Board finds that the applicant has not used the license in a manner
inconsistent with the provisions of this Chapter or engaged in the practice of
landscape construction or contracting after notice of revocation, and (iii) the
applicant is otherwise eligible for licensure under the provisions of this
Chapter. When necessary, the Board may require licensees to demonstrate
continued competence as a condition of license renewal.

(b) As a condition of license renewal, a licensee
shall meet the continuing education requirements set by the Board. Each
licensee shall complete seven continuing education units per year. The Board
may suspend a licensee's license for 30 days for failure to obtain continuing
education units required by this subsection. Upon payment of a reinstatement
fee, submission to the Board of proof of the continuing education units
required by this subsection, and payment of the license renewal fee and late
renewal fee, the licensee's license shall be reinstated. Failure to request a
reinstatement of the license and failure to pay the reinstatement fee, renewal
fee, and late renewal fee shall result in the forfeiture of a license. Upon
forfeiture, a person shall be required to submit a new application and retake
the examination as provided in this Chapter. (2014-103,
s. 3(b).)

§ 89D-21. Expenses and fees.

(a) The Board may impose the following fees not to
exceed the amounts listed below:

(1) Application fee $100.00

(2) Examination fee 250.00

(3) Individual license fee and individual license
renewal 100.00

(4) Initial corporate, limited liability company,
partnership,

or trade name license 100.00

(5) Corporate, limited liability company, partnership,

or trade name license renewal 100.00

(6) Late renewal fee 50.00

(7) Reinstatement fee 250.00

(8) License by reciprocity 250.00

(9) Duplicate license 25.00

(b) When the Board uses a testing service for the
preparation, administration, or grading of examinations, the Board may charge
the applicant the actual cost of the examination services and a prorated
portion of the examination fee. (2014-103, s. 3(b).)

§ 89D-22. Disciplinary action.

(a) The Board may deny, restrict, suspend, or revoke a
license or refuse to issue or renew a license if a licensee or applicant does
any of the following:

(1) Employs the use of fraud, deceit, or
misrepresentation in obtaining or attempting to obtain a license or the renewal
of a license.

(2) Practices or attempts to practice landscape
construction or contracting by fraudulent misrepresentation.

(3) Commits an act of gross malpractice or incompetence
as determined by the Board.

(4) Has been convicted of or pled guilty or no contest
to a crime that indicates that the person is unfit or incompetent to practice
as a landscape contractor or that indicates that the person has deceived or
defrauded the public.

(5) Has been declared incompetent by a court of
competent jurisdiction.

(6) Has willfully violated any provision in this
Chapter or any rules adopted by the Board.

(7) Uses or attempts to use the seal in a fraudulent or
unauthorized manner.

(8) Fails to file the required surety bond or letter of
credit or to keep the bond or letter of credit in force.

(b) The Board may assess costs, including reasonable
attorneys' fees and investigatory costs, in a proceeding under this section
against an applicant or licensee found to be in violation of this Chapter. (2014-103, s. 3(b).)

§ 89D-23. Civil penalties.

(a) In addition to taking any of the actions permitted
under G.S. 89D-22, the Board may assess a civil penalty not in excess of two
thousand dollars ($2,000) for each violation of any section of this Chapter or
the violation of any rules adopted by the Board. The clear proceeds of any
civil penalty assessed under this section shall be remitted to the Civil
Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2.

(b) Before imposing and assessing a civil penalty and
fixing the amount of the penalty, the Board shall, as a part of its
deliberations, take into consideration the following factors:

(1) The nature, gravity, and persistence of the
particular violation.

(2) The appropriateness of the imposition of a civil
penalty when considered alone or in combination with other punishment.

(3) Whether the violation was willful and malicious.

(4) Any other factors that would tend to mitigate or
aggravate the violations found to exist. (2014-103,
s. 3(b).)

(a) If the Board finds that a person who does not have
a license issued under this Chapter is engaging in the practice of landscape
construction or contracting, the Board may appear in its own name in superior
court in actions for injunctive relief to prevent any person from violating the
provisions of this Chapter or the rules adopted by the Board.

(b) A licensed landscape contractor shall notify the
Board of any written complaints filed against the landscape contractor not
resolved within 30 days from the date the complaint was filed by registered
mail to the Board. (2014-103, s. 3(b).)